I. INTRODUCTION TO CRIMINAL LAW
A. Definition: Criminal Law concerns itself with the punishment of offences committed against the state.
B. Purpose: Deterrence, Rehabilitation, Retribution, Incapacitation, and Restoration.
II. ACTUS REUS
A. Definition: Actus Reus describes the physical act or omission involved in a crime.
B. Elements: 1) Voluntary Act 2) Causation 3) Social Harm
C. Case Law: People v. Decina, where defendant had a seizure while driving and was convicted because he was aware of his condition but drove anyway, leading to four deaths.
III. MENS REA
A. Definition: Mens Rea describes the mental state a defendant must have when committing a crime.
B. Elements: 1) Intention 2) Recklessness 3) Negligence
C. Case Law: People v. Sullateskee, where defendant was convicted of manslaughter because he acted recklessly when he knew of, but disregarded, the risk.
IV. STRICT LIABILITY
A. Definition: Strict liability crimes do not require mens rea and are generally regulatory offenses.
B. Case Law: U.S. v. Balint, where the defendants were convicted of selling narcotics without a required tax stamp, a violation of federal law.
V. ACCOMPLICE LIABILITY
A. Definition: Holds an individual criminally liable for acts committed by others.
B. Case Law: State v. Bridges, where the defendant was found guilty for being an accessory to a robbery.
VI. ATTEMPT
A. Definition: An incomplete crime that was intended but not completed.
B. Case Law: People v. Rizzo, where the defendants were guilty of attempt because they had specific intent to commit a crime, but the crime wasn’t completed.
VII. SELF-DEFENSE
A. Definition: Justifies the use of force when it’s necessary to defend oneself.
B. Case Law: People v. Goetz, where Goetz was acquitted of attempted murder due to self-defense.
VIII. INSANITY DEFENSE
A. Definition: Provides a not guilty verdict if the defendant was legally insane when committing the crime.
B. Case Law: State v. Jones, where the defendant was found not guilty by reason of insanity.
IX. SOUTH CAROLINA SPECIFIC LAW
A. Stand Your Ground Law: This law in South Carolina allows a person to use deadly force in self-defense without the duty to retreat when their lives are in danger.
B. Case Law: State v. Duncan, where Duncan was acquitted of murder charges because he acted in self-defense under South Carolina’s Stand Your Ground law.
X. HOMICIDE
A. Definition: The killing of one person by another.
B. Degrees: 1) First Degree Murder 2) Second Degree Murder 3) Voluntary Manslaughter 4) Involuntary Manslaughter
C. Case Law: State v. Aaron, where the defendant was convicted of first-degree murder.
XI. RAPE
A. Definition: Sexual activity conducted without the consent of the other party.
B. Case Law: State v. White, where the defendant was convicted of rape due to lack of consent.
XII. THEFT
A. Definition: Unlawfully taking and carrying away someone else’s personal property with the intent to permanently deprive the owner of its use.
B. Case Law: State v. Green, where the defendant was convicted of theft since he intended to deprive the owner of their property.
Remember, the key to a successful final exam in Criminal Law is understanding and applying these concepts and case laws. Familiarize yourself with the details of each case, the application of the law, and the final verdict as they provide a contextual application of criminal law that will give you the edge in your finals.